NEW SOUTH WALES LAW REFORM COMMISSION

To the Honourable Terry Sheahan, BA, LL, B, MP
Attorney General for New, South Wales

Dear Mr Attorney General,

REPORT ON UNSWORN STATEMENTS OF ACCUSED PERSONS

We make this Report under our reference from your predecessor, the Honourable FJ Walker QC, MP, in relation to Criminal Procedure.

Keith Mason QC
(Chairman)

Paul Byrne
(Commissioner)

Greg James QC
(Commissioner)

Her Honour Judge Jane Mathews
(Commissioner)

Miss Deirdre O'Connor
(Commissioner)

Ronald Sackville
(Commissioner)

The Honourable Mr Justice Adrian Roden
(Commissioner)

October 1985

NEW SOUTH WALES LAW REFORM COMMISSION

The Law Reform Commission is constituted by the Law Reform Commission Act, 1967.

The Commissioners are:

Chairman

Mr Keith Mason QC

Mr Russell Scott

Mr Paul Byrne
Professor Colin Phegan

Dr Susan Fleming
Mr Greg James QC
Ms Eva Learner
Her Honour Judge Jane Mathews
Ms Marcia Neave
The Hon Mr Justice P E Nygh
Miss Deirdre O'Connor
The Hon Mr Justice Adrian Roden
Mr Ronald Sackville
Mr H D Sperling QC

The Secretary of the Commission is Mr John McMillan. The offices are at 16th Level Goodsell Building, 8-12 Chifley Square, Sydney. NSW. 2000 (telephone (02) 238 7213).

TERMS OF REFERENCE

To inquire into and review the law and practice relating to criminal procedure the conduct of criminal proceedings and matters incidental thereto. and in particular, without affecting the generality of the foregoing, to consider-

(a) the means of instituting criminal proceedings;

(b) the role and conduct of committal proceedings;

(c) pre-trial procedures in criminal proceedings;

(d) trial procedures in matters dealt with summarily or on indictments;

(e) practices and procedures relating to juries in criminal proceedings;

(f) procedures followed in the sentencing of convicted persons;

(g) appeals in criminal proceedings;

(h) the classification of criminal offences;

(i) the desirability and feasibility of codifying the law relating to criminal procedure.

PARTICIPANTS

Commission Members:

For the purposes of the references Division was created by the Chairman in accordance with sl2A of the Law Reform Commission Act 1967, comprising the following members of the Commission.

Mr Paul Byrne (Commissioner in charge of reference)
Mr Greg James QC
Mr Keith Mason QC
Her Honour Judge Jane Mathews
Miss Deirdre O'Connor
The Honourable Mr Justice Adrian Roden
Mr Ronald Sackville

Ms Anna Nemanic

Mr John McMillan

Ms Lorna Clarke
Mrs Margaret Edenborough
Miss Meg Orr

Mrs Beverlev Caska